Should an employee make a claims unfair dismissal, the employer must show that it had a potentially fair reason for dismissing the employee and furthermore, that it acted reasonably in all the circumstances in dismissing for that reason. The potentially fair reasons for dismissal are; capability; conduct; redundancy; contravention of a statutory duty or restriction;…
Employee handbooks are a staple to any business and, if written well and properly communicated to your workforce, they will provide an invaluable point of reference for managers and their teams. Employee handbooks set the expectations between employers and their employees. They provide clear guidelines on the company’s rules and practices and are especially useful…
It is common during unpaid leave that is pre-arranged, for the employee to remain under a contract of employment and so continuity of service will not normally be broken. In addition, even if there is no contract of employment covering the period, the Employment Rights Act 1996 provides that continuity of employment can be maintained…
A deduction from wages occurs when an employee’s wages are less than the total amount properly due to them on that occasion. To make any deductions from a worker’s wages, an employer must first ensure that the deduction is either required or permitted by statute (e.g. where an attachment of earnings order is made by…
Statutory entitlement for full-time employees is 28 days’ paid annual leave. Calculating for part time employees can be a more involved… To explain better, a part-time employee is pro-rated to a full-time employee’s entitlement and is based around their working week. There are normally eight specified bank holidays each year To calculate holiday entitlement for…
An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month or more. This isn’t an employment contract but will include the main conditions of employment. The employer must provide the written statement within 2 months of the start of employment. If an employee works abroad…
Some employers have in place a Severe Weather and Disruption to Travel Policy, or contractual clauses within the Employment Contract, that outline what to do in such circumstances. However, for those that do not, several factors may need to be considered. Withholding pay when an employee cannot get into work for example, can be an…
An employee can self-certify absence for the first 7 days of sickness, but a doctor’s certificate (i.e. a Fit Note) should be provided by the employee for longer periods of absence. If an employee is absent without a fit note – where they have been sick for more than 7 days, the employer may be…
…and other HR TIPS to help employers avoid issues during the Christmas Season Communicate any compulsory closing dates to employees early in the year – as this can affect annual leave entitlements Review annual leave entitlements for the year and ensure employees have taken their full leave entitlement or, whether they are allowed (in line…
Problems can arise in any workplace and for varying reason. Making sure they’re dealt with fairly and consistently can necessitate a full investigation. A properly conducted investigation allows employer to fully consider the facts and then make an informed decision on next steps. Key points An investigation is a fact-finding exercise to collect all relevant…